Legal Question in Family Law in New York
Name On Deed, but not on mortgage
My husband owns his house. When we married, my name was put on the deed and the mortgage remains in his name only.
Am I free of all obligations for the mortgage? Does having my name on the deed only carry any obligations on my part?
Asked on 11/13/08, 11:22 pm
1 Answer from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
Re: Name On Deed, but not on mortgage
The mortgage is a lien on the property. Therefore, you would not be able to sell or transfer the property with clear title with the mortgage.
Also, should the note not be paid - either by you or your husband - the bank would be entitled to foreclose on the property notwithstanding not being named on the mortgage.
Mike.
Answered on 11/14/08, 7:51 am
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